HomeMy WebLinkAbout31. 13-390
AUGUST 13, 2013 13-390 RESOLUTION
(CARRIED__7-0____LOST________LAID OVER________WITHDRAWN________)
PURPOSE: DISALLOWANCE OF CLAIM BY AMERICAN FAMILY ON BEHALF
OF JAMIE & EUGENE CHRISTMAN
INITIATED BY: LEGAL DEPARTMENT
WHEREAS, the following claim has been referred to the City's insurance carrier
which has recommended disallowance.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Oshkosh that the proper City officials are hereby authorized and directed to disallow the
following claim against the City of Oshkosh:
American Family DATE OF LOSS: 5/14/2013
(for alleged damages from road construction)
BE IT FURTHER RESOLVED that the City Clerk is hereby directed to inform the
claimant by certified mail of the disallowance and the fact that the claimant has six months
from the date of service to appeal.
BE IT FURTHER RESOLVED that the City Clerk is directed to send a copy of this
resolution and notice of disallowance to the appropriate insurance carrier for the City of
Oshkosh.
Statewide Services, Inc.
Claim Division ia`John o.nummow,u,
po Box 5s5s
Madison,WI
July 22. 2013 mr'2o^�n2
CITY OF OSHKOSH
ATTN: PAM UBRIG
PO BOX 1l30
OSHKOSH, WI 54902
RE: Our Claim It. VVK8000702660646
Date of Loss: 05/14/2013
Claimant: AMERICAN FAMILY INSURANCE
(Jamie and Eugene Christman, claim#UO475'050OU1 6922)
Attn: Subrogation Dept, 6000 American Pkwy, Madison Wi 53783
Dear Ms. Ubrig:
Statewide Services, Inc. administer the claims for the League of Wisconsin Municipalities
Mutual Insurance,which provides the insurance coverage for the City of Oshhkosh We are in
receipt of the above-stated claim, in which the claimant allegedly sustained damage to her 2009
Mercedes Benz when she bottomed out her vehicle driving over some gravel in a construction
zone at or near New York Avenue and Algoma Boulevard on May 14, 2013.
Our investigation has revealed that the City of Oshkosh was not negligent or liable for this
incident, In the contract between the City of Oshkosh and Carl Bowers& Sons Construction,
there is a hold harmless agreement on Page 2: Article IV Contractor to Hold City Harmless
which states that"The Contractor covenants and agrees to protect and hold the City harmless
against all actions, claims and demands of any kind or character whatsoever which may in any
way be caused by or result from the intentional or negligent acts of the Contractor, his agents or
ass/gns, his employees or his subcontractors..,", Therefore, we recommend that the City of
Oshkosh disallow this subrogation claim pursuant to the Wisconsin Statute for disallowance of
claim 893,80(1g). The disallowance of the claim in this manner will allow us to shorten the
statute of limitations period to six months. We will be tendering this claim to Carl Bowers & Sons
Construction and their insurance company.Their insurance agent has already been placed on
notice.
Please send your disallowance, on your letterhead, directly to American Family Insurance at the
above listed address. This should be sent certified or registered (restricted) mail and must be
received by the claimant within 120 days after you received the claim. Please send me a copy of
the Notice of Disallowance for our file.
Since ely, - . --
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Ginger / i� ~
casuuny��mna Adjuster U
•
855-828'5515/800828-6013 fax
qWmpmn@s}uncwmvsvos.con " 2013
CC Tim Nickels Agent